Gladiator Metals fined $43K for infractions at exploration site just outside Whitehorse

Gladiator Metals Corp. has been fined $43,700 for mining infractions at an exploration site just outside Whitehorse city limits.

The B.C.-based company has been drilling to measure for copper levels near Cowley Creek, right against city limits south of Whitehorse, under a permit for early-stage exploration.

In a decision from Yukon Territorial Court Wednesday, Gladiator was fined for exceeding the scope of its exploration permit. The company pleaded guilty earlier this month to six charges under the territory's Quartz Mining Act:

• Creating clearings greater than 400 square metres.
• Upgrading access roads without authorization.
• Exploration without approval by the Heritage Resources Unit.
• Removing the vegetative mat without storing it for reestablishing it later.
• Failing to contain drill fluids in a sump.
• Rutting and gouging roads and trails. 

The fine relates to work done between April 24 and May 12 of this year.

Nearby residents satisfied with fine, but still concerned about exploration

The company came under fire from nearby residents in the spring, some of whom live within a kilometre of the site, for destruction of recreational trails, noise, and what one person called a "horrific mess" being made in the area.

A few dozen people from the Cowley Creek subdivision rallied outside the courthouse on Aug. 15 when Gladiator Metals was last in court, to protest the infractions and the exploration activity in general.

Four community impact statements were submitted to the court Wednesday. Yukoners Concerned, Carcross/Tagish First Nation, and neighbourhood associations from Cowley Creek and Mary Lake all filed documents, voicing concerns over the exploration work. All groups said they worried about impacts to the Southern Lakes caribou herd, potential heritage artifacts in the area, the loss of recreational trails and the proximity of mining activity to residential areas.

Multiple statements noted a lack of communication from Gladiator Metals to surrounding neighbours, saying the company risked losing its social licence to work in the area.

Don Rogers lives in the Cowley Creek subdivision and signed on to his neighbourhood association's statement. He was at the courthouse Wednesday when the fine was issued. He said the court's decision was fair, but he and his neighbours don't want mining activity that close to their homes, regardless of whether it's being done properly.

"We can't do anything to prevent Class 1 [exploration] permits from being issued by the government — but it does serve as a warning to other [mining companies]," he said outside the courtroom.

"They have to be good neighbours and good citizens," he said. "So in that sense, I think what we wanted to see achieved, was achieved."

Skeeter Wright was at the court on behalf of Carcross/Tagish First Nation (CTFN), which has a small plot of settlement land near Cowley Creek that it plans to develop.

The exploration near Cowley Creek, Wright said, is disturbing caribou habitat, destroying potential heritage artifacts in the area, and destroying trails and medicinal plants CTFN citizens use.

Like Rogers, he's satisfied with the court's decision but continued exploration work still concerns him.

"Let's face it, the courts only have so much that they can do," he said. "There's been the fines that have been assessed, there's been an order to sort of clean up the mess… but that still doesn't fix the situation. It's just an attempt to reduce the damage."

Gladiator Metals has completed most of the government-ordered remediation work to reverse damage from the infractions, according to the statement of facts in the case. That includes installing sumps to store drilling fluid and repairing ruts and gouges to roads. Some work is still required to be completed before Sept. 1.

In an email to CBC News on Wednesday, company spokesperson Leneath Yanson said the company "encountered certain difficulties" during its initial exploration program, and had suspended all drilling activities in response to community concerns. 

"We sincerely regret and apologise for the concerns raised from the community," she wrote.

Yanson said the company has since updated its plans and procedures for future exploration and has also drafted a "community engagement policy."

"We are focused on continued full transparency and value community voices and feedback and welcome it," Yanson wrote.